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  • Gloria Del Carmen Cabrera v. Petsta Llc, Petco Health And Wellness  Company Inc, Staples IncTorts - Other (Slip & Fall) document preview
  • Gloria Del Carmen Cabrera v. Petsta Llc, Petco Health And Wellness  Company Inc, Staples IncTorts - Other (Slip & Fall) document preview
  • Gloria Del Carmen Cabrera v. Petsta Llc, Petco Health And Wellness  Company Inc, Staples IncTorts - Other (Slip & Fall) document preview
  • Gloria Del Carmen Cabrera v. Petsta Llc, Petco Health And Wellness  Company Inc, Staples IncTorts - Other (Slip & Fall) document preview
  • Gloria Del Carmen Cabrera v. Petsta Llc, Petco Health And Wellness  Company Inc, Staples IncTorts - Other (Slip & Fall) document preview
  • Gloria Del Carmen Cabrera v. Petsta Llc, Petco Health And Wellness  Company Inc, Staples IncTorts - Other (Slip & Fall) document preview
  • Gloria Del Carmen Cabrera v. Petsta Llc, Petco Health And Wellness  Company Inc, Staples IncTorts - Other (Slip & Fall) document preview
  • Gloria Del Carmen Cabrera v. Petsta Llc, Petco Health And Wellness  Company Inc, Staples IncTorts - Other (Slip & Fall) document preview
						
                                

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FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------------X RESPONSE TO GLORIA DEL CARMEN CABRERA, DEFENDANT, PETSTA, LLC's, NOTICE Plaintiff, FOR DISCOVERY AND -against- DATED INSPECTION, JUNE 15, 2022 P.ETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC., Index No. 611420/2021 Defendants. __________ ______________ ________________________________________Ç PLEASE TAKE NOTICE that Defendant, OFFICE SUPERSTORE EAST, INC., i/s/h/a STAPLES, INC. ("Responding Defendant"), by Pillinger Miller Tarallo, LLP, complying with the Notice of Discovery and Inspection of Defendant, PETSTA, LLC, hereby sets forth the following: 1. Upon information and belief, Responding Defendant hired DENTCO and ABCO Maintenance to perform work on the subject parking lot in the two years proceeding Plaintiff's alleged incident; "A," 2. Attached hereto as Exhibit see all Work Orders regarding parking lot repairs initiated by Responding Defendant in the two years prior to Plaintiff's alleged incident; and, "B," 3. Attached hereto as Exhibit see all applicable Maintenance Contracts. The Responding Defendant reserves the right to supplement the above Response, if and when additional information become available. 1 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 Dated: Elmsford, New York February 22, 2023 Yours, etc., PILLINGER MILLER TARALLO, LLP By: JACKLYN M. MACIAS, ESQ. Attorneys for Defendant OFFICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC. 56¹ 555 Taxter Road, Floor Elmsford, New York 10523 (914) 703-6300 PMT File No. D-STPS-00173/JAR TO: John V. Barbieri, Esq. LITCHFIELD CAVO, LLP Attorneys for Defendant PETSTA, LLC 420 Lexington Avenue Suite 2104 New York, New York 10170 Email: Barbieri@litchfieldcavo.com Our File No.: 9074-8081 2 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 "A" EXHIBIT 3 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 Account Information Property Information Department Work Type Category Property Phone Property Number Facilities BIdg. Exterior/Structure 516-739-6903 00248 Bypass DM Approval Work Type Property State Opened By Parking Lot Repairs Rumrill, Randy Cause of Loss (Insurance) CAR # Division Region District Property 1 102 25 Number CAR Replacement 00248 CAR Description Senior VP Regional VP District eancenec,s Manager Asset Classification Depreciation chae mangialino, Paul; Work Order Information Property Location Work Order Type Vendor GPS/Map Manual ABCO Maintenance; Vendor Virga,Tom; Contact Landlord e UPS Sme Other Vendor Info Vendor Email Jim Virga X18 newwo@abcofacilitymaint enance.com Vendor Phone After Hours Phone (718)816-6444 Response Code Original ETA Date LA 3 - Third Day 4/5/2021 DNE Amount $0 Is this a dark property? Select tenant of the dark No property DM R Godgle 40.741024, -73.661647 2310 Jericho Trnpike Garden City Park, NY 11040 United States 4 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 Tenant Information Tenant Company Tenant Contact Tenant Email Tenant Phone Coordinator Updates Revised Response Code Issue Notes Instructions Issue Text Special Instruction Title Request Description Special Instruction 4/20 Please advise regarding the QT. Need a QT to repair a 650sq ft area in the parking lot that has failed creating a pothole of concern. Please QT Vendor Update Details Revised DNE Amount $5,410.88 Vendor Information Adjusted ETA Date 5/27/2021 5 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 Vendor Notes 5127 Tech onsite 5/26 Tech onsite 4/30 Update - tech will return to complete in approx 2 weeks on weather - will update if depending changes - spoke to MOD and updated him &he said that is fine anything Billy 4/7 Tech onsite ETA 4/7 QUOTE Scope: Techs will repair pothole and level, installing asphalt 386 sft to finish. Travel $63.25 Labor: 3 men 8 hours at $63.25 = $1518 Materials: Asphalt = $1250 Equipment = $1250 Paving = $500 Trucking Debris = $400 net 4981.25 tax 429.63 Status Information Approval Status Status Date 6 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 Work Order Closed By Work Order Closed Date Virga, Tom 5/27/2021 District Manager Regional VP mangialino,Paul; Bucenec,Sean; Additional Information Invoice to CA Invoice to CA Date Email to CA Email to CA Date Admin Data Account Code Quote Total ServiceNow Property ID PM Schedule Name 845-360Par 5410.880000000000000 248 P s Vendor Actions Opened By Employee ID Opened For Employee ID O Coordinator, Facilities 1815509 Management Ticket Information Assignment Information ServiceNow Ticket Number Property Type Retail Property Name ServiceNow Creation Date Urgency GARDEN CITY PARK 3-Normal Coordinator Assigned Help Desk FAC Rumrill,Randy; Temporary Coordinator Assignment Group Facilities Mgmt - US Link to Property Record Opened For William Dechairo Store Information Is this a Top 50 Store? The fourth notification will be used later No No Is this a Bottom 100 store? The fifth notification will be used later No No Is this a Franchise Lite Store? Condominium Association Property? No Studio / Co-Working False 7 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 a . 8 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 Subject: IVR TIME IN 5:03PM Message/Comment: TECHS ONSITE Subject: IVR TECHS OUT 9:03PM Message/Comment: TECHS OFFSITE Subject: Ivr techs onsite 5:44am Message/Comment: techs onsite Subject: IVR TIME OUT 10:38AM Message/Comment: TECHS OFFSITE 9 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 ® Work Order DENTCO 1161 East Clark Road, Suites 124 -128 Customer Copy DeWitt, MI 48820 * Status: 2 - Waiting for Approval Ph: 517.668.9488 Fax: 866.317.1403 Date Requested: 3/31/2021 Dentco WO #: 349522 Remit Authorization to: Cust. Tracking #: Customer WO #: WO-00248-0413139 Ashley Bernheisel Type: Customer Generated abernheisel@dentco.com Customer Info Site Info Customer: Staples Customer Site #: 0248 Address: 500 Staples Blvd, Framingham, MA 01702 Dentco Geoloc: NY0248STPL Phone: Fax: Site Address: 2310 Jericho Turnpike, Garden City Submitted To: StapleslQ Park, NY 11040 Requestor: StapleslQ Web Progra Web Pro Submitted: 3/31/2021 Valid Until: 4/2/2021 Contact: Jack Vahey Special Notes: PER IQ REQUEST - This Work Order is to repair (1) large pathole. Contractor will repair failed areas, estimated at (650) square feet, in the parking lot by using hot asphalt. Perimeters of the deteriorated asphalt will be saw cut, and debris will be removed. "Please send a crew to address large pot hole that needs to be filled. Please be sure and provide done." completion photos when work is 1 Approval Requested For: Pot Hole Repairs Scope of Contractor Partner will repair failed areas, estimated at (650) square feet, in the parking lot by using hot Work: asphalt. Perimeters of the deteriorated asphalt will be saw cut, and debris will be removed. Heat and/or air shall be used in drying out the hole in order to decrease any moisture that may affect asphalt adhesion. Tack coat primer will be applied to all edges to insure proper binding of old and new pavement. Asphalt will be installed at a depth of 2 inches, compacted, and rolled. * are expected to know the local code ordinances and permit requirements prior to Contractor Partners submitting estimates or completing a Dentco approved work order. Failure to comply will result in the Contractor Partner paying all fines, permits, and costs incurred to correct the violation. * hours and disposal. Labor cost will include the following (if applicable): equipment fees, crew/man * in the work order. The cost includes (1) mobilization unless otherwise specified * Time shall be set with the site manager for work to begin and end while being the least inconvenience to the store and hours of operation. * Cones, signage, and tape will be used to mark off areas being repaired. * notice to store personnel of tentative service date, weather Contractor Partner to give 24 hours advance permitting. Store will then be responsible for coordinating nighttime lighting, vehicle free lot and temporary irrigation shut off. * will be barricaded until ready for traffic. For protection, areas during installation * The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces unless adequate provisions are made to prevent spillage of the material. Contractor Partner shall be responsible for any complete cleanup resulting from any inadvertent spillage. Such cleanup shall be performed to Customer's reasonable satisfaction. * from its marking Contractor Partner shall be responsible for any damage to vehicles or property resulting operations. * mix. After this date, the work order This price is only guaranteed for 15 days due to volatile nature of asphalt will be closed out or re-evaluated. Printed: 4/1/2021 Page 1 of 2 10 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 ® Work Order DENTCO 1161 East Clark Road, Suites 124 -128 Customer Copy DeWitt, Mi 48820 Status: 2 - Waiting for Approval * Ph: 517.668.9488 Fax: 866.317.1403 Date Requested: 3/31/2021 Dentco WO #: 349522 Remit Authorization to: Cust. Tracking #: Customer WO #: WO-00248-0413139 Ashley Bemheisel Type: Customer Generated abernheisel@dentco.com Item Description Size Unit of Measure QTY Customer Price Asphalt NA Per Sq. Ft. 650 $5,688.00 Tar NA Per Sq. Ft. 650 $228.00 Tax Rate 8.625% NA NA $675.25 Initial for Approval: Attach PO#: Sub-Total Price: $8,504.25 > All work will be carried out in accordance with industry standards, practices, state regulations, federal regulations and local ordinances. > All related debris will be disposed of off site according to EPA guidelines. > For protection, areas shall be flagged and/or barricaded until they are ready for traffic. > It is the sole responsibility of the contractor to obtain all business permits and licenses. Customer Authorization: Signature: Authorized Date: These documents and all attachments, exhibits, and amendments related thereto (collectively, the "Documents") are the sole and exclusive property of Dent Enterprises, Inc. ("Dent") The documents may not be reproduced or duplicated by any means and all documents must be immediately retumed to Dent Enterprises, Inc. upon the earlier of: 1)Conclusion of the analysis and/or investigation. 2)Dent Enterprises, Inc.'s written or verbal notice. Printed: 4/1/2021 Page 2 of 2 11 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 ® Work Order DENTCO 1161 East Clark Road, Suites 124 -128 Customer Copy DeWitt, MI 48820 Status: CE - WFA * Ph: 517.668.9488 Fax: 866.317.1403 Date Requested: 1/29/2021 Dentco WO #: 345130 Remit Authorization to: Cust. Tracking #: Customer WO #: Ashley Bemheisel Type: Customer Generated abernheisel@dentco.com Customer Info Site Info Customer: Staples Customer Site #: 0248 Address: 500 Staples Blvd, Framingham, MA 01702 Dentco Geoloc: NY0248STPL Phone: Fax: Site Address: 2310 Jericho Turnpike, Garden City Requestor: Staples Facilities Submitted To: Staples Facilities Park, NY 11040 Submitted: 4/16/2021 Valid Until: 5/14/2021 Contact: Jack Vahey Special Notes: 2021 Staples Parking Lot Project This work order is to crack seal the parking lot, estimated at (2,385) linear feet, seal coat the parking lot, estimated at (31,291) square feet, with (1) coat sealer, re-stripe the parking lot per the existing layout. 1 Approval Requested For: Parking Lot Maintenance Scope of Contractor Partner will clean the parking lot prior to crack fill, seal coating and striping. A mechanical power Work: sweeper, blowers, and/or pressure washers will be used for all paved areas, including all driveways, entrances, exits, and service ways. No services shall be performed over dirt and clay. Contractor Partner will crack seal the parking lot, estimated at (2,385) linear feet. Before beginning work, Contractor Partner will ensure that cracks are free from moisture, dust, and loose aggregate. AII vegetation shall be removed to a minimum depth of 1/2 inch. Proper surface preparation will facilitate adequate adhesion and consequently the maximum service life of the hot rubberized crack sealant to be applied. Cracks will be air blown by using a compressed air heat lance immediately prior to sealing. Contractor Partner will seal coat the parking lot, estimated at (31,291) square feet, with (1) coat sealer. Prior to application, oil spots will be treated by brushing away any loose material and cleaning affected areas using a steel broom. Heavier oil spots should be treated by burning and/or washing with detergent. Contractor Partner will re-stripe the parking lot per the existing layout for standard spaces, cross hatching, stop bars, arrows, letters, directional lines, fire lanes, and curb lines. Handicap spaces and/or handicap van accessible spaces shall be striped according to ADA federal guidelines. Striping will consist of using (1) coat of contractor grade primer (if applicable) with acrylic, alkyd, or chlorinated rubber striping. Pavement markings will be applied when pavement and atmospheric temperatures are 50 degrees F or above (or per manufacturer's specification) and are anticipated to remain above 50 degrees F for 4 hours after completing the application. * Contractor Partners are expected to know the local code ordinances and permit requirements prior to submitting estimates or completing a Dentco approved work order. Failure to comply will result in the Contractor Partner paying all fines, permits, and costs incurred to correct the violation. * Labor cost will include the following (if applicable): equipment fees, crew/man hours and disposal. * The cost includes (2) mobilization unless otherwise specified in the work order. * Time shall be set with the site manager for work to begin and end while being the least inconvenience to the store and hours of operation. * Cones, signage, and tape will be used to mark off areas being repaired. * Contractor Partner to give 24 hours advance notice to store personnel of tentative service date, weather permitting. Store will then be responsible for coordinating nighttime lighting, vehicle free lot and temporary irrigation shut off. * For protection, areas during installation will be barricaded until ready for traffic. * The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected Printed: 4/1612021 Page l of 5 12 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 ® Work Order DENTCO 1161 East Clark Road, Suites 124 -128 Customer Copy DeWitt, MI 48820 Status: CE - WFA Ph: 517.668.9488 * Fax: 866.317.1403 Date Requested: 1/29/2021 Dentco WO #: 345130 Remit Authorization to: Cust. Tracking #: Customer WO #: Ashley Bernheisel Type: Customer Generated abernheisel@dentco.com pavement surfaces unless adequate provisions are made to prevent spillage of the material. Contractor Partner shall be responsible for any complete cleanup resulting from any inadvertent spillage. Such cleanup shall be performed to Customer's reasonable satisfaction. * Contractor Partner shall be responsible for any damage to vehicles or property resulting from its marking operations. * This price is only guaranteed for 15 days due to volatile nature of asphalt mix. After this date, the work order will be closed out or re-evaluated. Item Description Size Unit of Measure QTY Customer Price Crack Sealing NA Per Linear Ft. 2385 $3,132.00 Seal Coating NA Per Sq. Ft. 31291 $6,756.00 Striping NA EA 1 $1,886.00 2nd Mobilization NA EA 1 $1,205.00 Tax Rate 8.625% NA $1,119.44 Initial for Approval: Attach PO#: Sub-Total Price: $14,098.44 > All work will be carried out in accordance with industry standards, practices, state regulations, federal regulations and local ordinances. > All related debris will be disposed of off site according to EPA guidelines. > For protection, areas shall be flagged and/or barricaded until they are ready for traffic. > It is the sole responsibility of the contractor to obtain all business permits and licenses. Customer Authorization: Signature: Authorized Date: Printed: 4/16/2021 Page 2 of 5 13 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 ® Work Order DENTCO 1161 East Clark Road, Suites 124 -128 Customer Copy DeWitt, MI 48820 Status: CE - WFA * Ph: 517.668.9488 Fax: 866.317.1403 Date Requested: 1/29/2021 Dentco WO #: 345130 Remit Authorization to: Cust. Tracking #: Customer WO #: Ashley Bernheisel Type: Customer Generated abernheisel@dentco.com DENTCOWO #: 345130 Picture Taken Before WO 4048 DENTCOWO #: 345130 Picture Taken Before WO 4049 Printed: 4/16/2021 Page 3 of 5 14 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 ® Work Order DENTCO 1161 East Clark Road, Suites 124 -128 Customer Copy DeWitt, MI 48820 Status: - WFA * CE Ph: 517.668.9488 Fax: 866.317.1403 Date Requested: 1/29/2021 Dentco WO #: 345130 Remit Authorization to: Cust. Tracking #: Customer WO #: Ashley Bernheisel Type: Customer Generated abernheisel@dentco.com DENTCOWO #; 345130 Picture Taken Before WO 4050 DENTCOWO #: 345130 Picture Taken Before WO 4051 Printed: 4/16/2021 Page 4 of 5 15 of 53 FILED: NASSAU COUNTY CLERK 02/22/2023 02:08 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 02/22/2023 ® Work Order DENTCO 1161 East Clark Road, Suites 124 -128 Customer Copy DeWitt, MI 48820 Status: - WFA * CE Ph: 517.668.9488 Fax: 866.317.1403 Date Requested: 1/29/2021 Dentco WO #: 345130 Remit Authorization